Common law judging and the great tradition Richard Hyland

Format:

Book

Author/Creator:

Hyland, Richard, 1949- author.

Series:

Ius gentium (Dordrecht, Netherlands) ; v. 100.

Ius gentium : comparative perspectives on law and justice 2214-9902 volume 100

Language:

English

Subjects (All):

Common law.

Judicial process.

Physical Description:

1 online resource

Place of Publication:

Cham, Switzerland Springer [2026]

Summary:

"Many other books also wrestle with the question this book explores: How do judges decide cases in the American common law? But this is no ordinary law book. The rules of the common law are grounded in precedent, and yet the disturbing truth is that competing precedents often allow judges to choose from among two or more solutions. So if the rules alone do not decide the cases, which factors prove decisive? This book takes seriously the fact that we do not actually know the answer to that question. Another surprise is that this uncomfortable insight is a staple of the great tradition of common law writing—from the classic works by Blackstone, Holmes, and Cardozo to the innovative thinking of Duncan Kennedy, Mary Joe Frug, and Patricia Williams. This book moves beyond the usual debates and demonstrates for the first time that these differing accounts can work together to offer a meaningful approach to the challenge of judging. The different perspectives agree that judges should consider all the facts and circumstances of the cases. As it pursues that method, this book explores the lives of those involved in a few famous contracts cases. It uncovers the thinking of the judges who decided them and what it means to reason under conditions of uncertainty. Common Law Judging is a rare achievement: it is a book as much for those who want to learn how to do law well as it is for those who simply wonder how law really works"-- Springer Nature Link

Contents:

The common law

The consideration doctrine

Moral consideration

Predictability (Weber)

Social expectation (Blackstone)

Judicial restraint (Holmes)

History (Maitland)

Imagination (Cardozo)

Context (Llewellyn)

Institutional settlement (Hart and Sacks)

Hypothetical negotiation (Posner)

Doubt (Gilmore)

Altruism (Kennedy, Unger)

Empathy (Frug)

Community (Williams, Macneil)

Reconsideration

The facts of life

The place inside

Notes:

Includes bibliographical references and index

Online resource; title from PDF title page (Springer Nature Link, viewed October 5, 2026)

Other Format:

Print version Hyland, Richard, 1949- Common law judging and the great tradition

ISBN:

9783032023070

3032023076

OCLC:

1619188302

Access Restriction:

Some versions Open access versions available from some providers open access